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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
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`PHILIPS NORTH AMERICA LLC,
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`v.
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`FITBIT, INC.,
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`Plaintiff,
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`Defendant.
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`Civil Action No. 1:19-cv-11586-FDS
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`UNOPPOSED MOTION TO IMPOUND/SEAL DESIGNATED
`MATERIAL
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`Pursuant to Local Rule 7.2 and the Order Adopting Discovery Stipulation and Modified
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`Protective Order in this case (ECF No. 59, the “Protective Order”), Plaintiff Philips North America
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`LLC (“Philips”) respectfully requests the Court to impound (seal) Philips’s Reply Brief in Support
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`of Philips’s Motion for Partial Summary Judgment (Dkt. 378) as well as Exhibit A (Dkt. 379-1)
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`filed in support thereof.
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`The Protective Order allows parties to designate discovery material that contains or
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`constitutes confidential business information as “CONFIDENTIAL.” As grounds for this Motion,
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`Philips states that Philips’s Reply Brief and Exhibit A contain discussion of Fitbit’s confidential
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`business information. Specifically, Exhibits A is the technical expert report of Dr. Martin which
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`was marked as Confidential under the Protective Order as it discusses confidential business
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`information relating to certain features of Fitbit’s accused smart watch and fitness trackers and
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`describe confidential business information relating to Fitbit’s marketing strategies. Likewise,
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`Philips’s Reply Brief discusses this same confidential business information.
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`For the foregoing reasons, Philips respectfully requests that the Court permit Philips to file
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`under seal Philips’s Reply Brief in Support of Philips’s Motion for Partial Summary Judgment
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`Case 1:19-cv-11586-FDS Document 380 Filed 04/13/22 Page 2 of 3
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`(Dkt. 378) as well as Exhibit A (Dkt. 379-1) filed in support thereof. Philips further requests that
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`these documents remain impounded until further Order by the Court, and that upon expiration of
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`the impoundment, these document be returned to Philips’s counsel.
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`Dated: April 13, 2022
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`Respectfully Submitted,
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` /s/ John W. Custer
`Lucas I. Silva (BBO 673,935)
`Ruben J. Rodrigues (BBO 676,573)
`John W. Custer (BBO 705,258)
`FOLEY & LARDNER LLP
`111 Huntington Avenue
`Suite 2500
`Boston, MA 02199-7610
`Phone: (617) 342-4000
`Fax: (617) 342-4001
`lsilva@foley.com
`rrodrigues@foley.com
`jcuster@foley.com
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`Eley O. Thompson (pro hac vice)
`FOLEY & LARDNER LLP
`321 N. Clark Street
`Suite 2800
`Chicago, IL 60654-5313
`Phone: (312) 832-4359
`Fax: (312) 832-4700
`ethompson@foley.com
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`Michelle A. Moran
`FOLEY & LARDNER LLP
`777 East Wisconsin Avenue
`Milwaukee, WI 53202
`Phone: (414) 271-2400
`Fax: (414)297-4900
`mmoran@foley.com
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`Counsel for Plaintiff
` Philips North America LLC
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`Case 1:19-cv-11586-FDS Document 380 Filed 04/13/22 Page 3 of 3
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`LOCAL RULE 7.2 CERTIFICATION
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`I, John W. Custer, counsel for Philips North America LLC, hereby certify that counsel for
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`Philips has conferred with counsel for Fitbit, Inc. to resolve the issues presented in this motion and
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`that counsel for Fitbit indicated that Fitbit does not oppose the relief requested by this motion.
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`Dated: April 13, 2022
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`/s/ John W. Custer
`John W. Custer
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing document was filed with the
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`Court through the ECF system and that a copy will be electronically served on registered
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`participants as identified on the Notice of Electronic Filing.
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`Dated: April 13, 2022
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`/s/ John W. Custer
`John W. Custer
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